IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.5782 of 2025 Arising Out of PS. Case No.-748 Year-2024 Thana- Excise P.S. District- Nawada ====================================================== Madan Yadav Son of Tulsi Yadav Resident Of Village -Bajwatari Ward No 5 Ps- Rajauli District -Nawada ... ... Petitioner/s Versus The State of Bihar. ... ... Opposite Party/s ====================================================== WITH CRIMINAL MISCELLANEOUS No. 11727 of 2025 Arising Out of PS. Case No.-748 Year-2024 Thana- Excise P.S. District- Nawada ====================================================== Fulchand Rajvanshi S/o- Babulal Rajbanshi Resident Of Village- Jobkala Ps- Rajauli District- Nawada. ... ... Petitioner/s Versus The State of Bihar. ... ... Opposite Party/s ====================================================== WITH CRIMINAL MISCELLANEOUS No. 26881 of 2025 Arising Out of PS. Case No.-748 Year-2024 Thana- Excise P.S. District- Nawada ====================================================== Subodh Kumar @ Subodh Yadav S/o- Vijay Yadav Village- Bajwatari,Ward no. 5, P.S. - Rajauli, Dist- Nawada. ... ... Petitioner/s Versus The State of Bihar. ... ... Opposite Party/s ====================================================== Appearance : (In CRIMINAL MISCELLANEOUS No. 5782 of 2025) For the Petitioner/s : Mr. Sheo Kumar Prasad, Advocate For the Opposite Party/s : Mr. Shyam Kumar Singh, APP (In CRIMINAL MISCELLANEOUS No. 11727 of 2025) For the Petitioner/s : Mr. Sheo Kumar Prasad, Advocate For the Opposite Party/s : Mr. Bishweshwar Ram, APP (In CRIMINAL MISCELLANEOUS No. 26881 of 2025) For the Petitioner/s : Mr. Deepak Kumar, Advocate For the Opposite Party/s : Mr. Md. Iftekhar Mahmood, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 3 05-05-2025 As all these bail applications have cropped up from the same police station case number, hence, with consent of the parties, they are being heard together and disposed of by this Patna High Court CR. MISC. No.5782 of 2025(3) dt.05-05-2025 2/4 common order. 2. Heard learned counsel for the petitioners and learned APP for the State. 3. The petitioners apprehend their arrest for the offences punishable under Sections 30(a) (c) and 47 of the Bihar Prohibition and Excise Act. 4. A perusal of the first information report and the seizure lists would go to show that 150 liters of country made liquor was found near Honda Shine motorcycle, bearing Registration No.BR27H 3585 and 400 liters of fermented Mahua solution was found embedded in the ditches of the land. Further, 4.5 liters of illicit foreign liquor has been recovered from a Hero Splender black colour motorcycle, bearing Registration No.WB01S0147, and 4.5 liters of foreign liquor has been recovered from a motorcycle, bearing Registration No.JH02A1108. 5. Learned counsel for the petitioners submits that petitioners have neither concern with the seized motorcycles nor the seized liquor or the land in question. Their names have transpired in this case on the basis of disclosure made by the witness, who are present at the place of occurrence. It is also a fact that the petitioners were not caught on the spot and nothing Patna High Court CR. MISC. No.5782 of 2025(3) dt.05-05-2025 3/4 has been recovered from the physical or conscious possession of the petitioners. Learned counsel for the petitioners submits that petitioner, Madan Yadav of Cr. Misc. No.5782 of 2025 has one criminal antecedent of similar nature of the offence, petitioner, Fulchand Rajvanshi of Cr. Misc. No.11727 of 2025 and petitioner, Subodh Kumar @ Subodh Yadav of Cr. Misc. No.26881 of 2025 have two criminal antecedents of similar nature of the offence. 6. Learned APP for the State opposed the prayer for bail of the petitioners on the ground that they have criminal antecedents of similar nature of the offence. In response to this, learned counsel for the petitioners submits that the petitioners are on bail in the aforesaid cases. 7. Taking into consideration the abovementioned facts and circumstances of the case and the fact that nothing has been recovered from the physical or conscious possession of the petitioners, I am inclined to extend the privilege of anticipatory bail to the petitioners. Let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the Patna High Court CR. MISC. No.5782 of 2025(3) dt.05-05-2025 4/4 satisfaction of the learned Court below where the case is pending/successor Court in connection with Nawada Excise P.S. Case No.748 of 2024, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. and subject to the further condition that: (i) The petitioners shall cooperate in the investigation/trial. (ii) The court below shall verify the criminal antecedent of the petitioners and in case it is found that the petitioners have concealed their criminal antecedent, the court below shall take step for cancellation of bail bonds of the petitioners. However, it is expected that the verification process would be done expeditiously without causing any delay. Trivedi/- (Soni Shrivastava, J) U T